H-1B Temporary Worker Visa Type

General Information

  • Unlike the J-1 visa, the H-1B is strictly a working visa with no underlying educational component.  It is used by industry as well as academic institutions to hire temporary workers.
  • Despite the temporary designation, H-1B workers are not required to maintain a permanent residence abroad, and may have a long-term intent to immigrate. Many think the H-1B is the first step toward immigrating; it is not.
  • In order to qualify for H-1B status, the position must be a “specialty occupation”, meaning it must require a minimum of a Bachelor’s degree in a specific field, and the individual must hold that specific degree.  Most faculty and academic staff positions at UW-Madison qualify as a specialty occupation.
  • If the UW is the H-1B sponsor all services payments must be made through Payroll as an employee.
  • If the UW is not H-1B sponsor service are not allowed.

Type(s) of Payment Allowed

  • Salary when the UW is the Visa Sponsor.  Please contact your Human Resources Representative for details.
  • Travel reimbursement.  Allowed for H1-B whether the UW is a sponsor or not

Visa Application Process

  • three to four months

Length of Stay Allowed

  • maximum six years

Special Conditions/Requirements

  • salary must equal or exceed either the prevailing or the actual wage, whichever is higher
  • the position must be posted in accordance with Department of Labor requirements
  • the hiring department must pay the cost of return transportation to the H-1B’s home country or country of last permanent residence should the person be dismissed for any reason prior to the end date of the H-1B
  • H-1B is job specific. Any change in employer, job duties, location, salary etc. may require a new or amended petition before the change can be made.  New recruitment may be required for a new petition
  • Medical Doctor’s activities are limited to research and teaching; no patient care.  Foreign trained Medical Doctors may do a residency in H-1B status if they have passed the Federal Licensing Exam or all three parts of the United States Medical Licensing Exam, and the Educational Commission for Foreign Medical Graduates English exam.

Required Documents Summary

For H-1B sponsored by UW payments must be made through Payroll and the following documents are required:

  • Position Vacancy Listing (PVL) or PVL waiver
  • Prevailing Wage Request Form
  • Labor Condition Application (LCA)
  • I-129
  • appointment letter
  • documentation of person’s qualifications (see H-1B handout for details)
  • Please contact your Human Resources Representative or the office of Internal Faculty and Staff Services (IFSS) for details and other required documents

Forms Required for Payroll Payments (Employees paid through the Human Resource System (HRS)

Salary

  • Contact you Dean’s Office Payroll Representative for additional documentation required for completing the I-9 Verification and other required documents to set up the employee on the Human Resources System (HRS).

Forms Required for Non-Payroll Payments Non-Employee Payments Paid Through Accounting Services)

Policy:

Travel Reimbursement

Tax Liability/Withholding

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Social Security

  • Contact you Dean’s Office Payroll Representative for additional documentation required for completing the I-94 Verification and other required documents to set up the employee on the Human Resources System (HRS).

Federal

Payroll (Salary):

Contact you Dean’s Office Payroll Representative for additional documentation required for completing the I-94 Verification and other required documents to set up the employee on the Human Resources System (HRS).

Travel Reimbursement:

None

State

Payroll (Salary):

Contact you Dean’s Office Payroll Representative for additional documentation required for completing the I-94 Verification and other required documents to set up the employee on the Human Resources System (HRS).

Travel Reimbursement:

None